The Research Of A Legal Concept-Merchant

The merchant is the basic concept of the field of commercial law, the logicalstarting point of the commercial law theory, however, the understanding of the merchantconcept in the legal profession of contemporary Chinese is vague, and the mix ofconcept between merchant and commercial subjects still exists. To sort out the ins andouts of this important concept of the merchant, the concept was discussed in a full rangein order to be able to make a useful contribution to the improvement of the CommercialLaw theory.The first part describes the economic background and ideological and culturalbackground of the merchant in ancient traders in China. In addition, it also describes thehistorical background and the development trajectory of the merchant class in Westernmedieval historical period. This part investigated the origin of the concept of merchant,in order to clear the initial meaning of merchant, to give readers a better understandingof the history of merchant.The generality second part describes definitions of the concept of merchant in themajor Western countries and China areas, and through the confrontation, analysis andsummary of the definitions of merchant, we can come to a few of commonalityconstituent elements of merchant, including formal requirements and substantialelements, as well as the commercial matters and business characteristics of merchant.The third part lists several theories, including the support the theories ofindependent value of merchants from supporters and deny that from opponents. It willgive readers a clearer understanding of the controversy quo of merchant concept overthe legal theory.Finally, the article summarized all of the views and concluded that, regardless ofthe Commercial Law is a "merchant" name with the expanding use of the connotationand extension, or is a direct "business entity" title, the author think that it will work. It isfine to unify the basic concept of the commercial law, to end the long-standing, endlessdebate of merchant concept in commercial law circles and to make commercial lawtheoretical system more comprehensive and coordinated.